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COUNCIL BRIEF Council Brief [email protected]

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ISSUE 415❑ President’s Column

By Nerissa Barber

President signs off after two terms

JUNE 2012

Wellington BranchAnnual Meeting

Wednesday 27 June, 5.00pm, Level 8, Law SocietyBuilding, 26 Waring Taylor Street, Wellington

Followed by drinks and nibbles

The monthly newspaper of theWellington Branch NZ Law Society

THERE are times foran organisation whenit’s useful to standback and ask “whatare we here for?” It’sa common thing, un-fortunately, for theessential purpose of abody such as a soci-

ety to be forgotten, and for self-perpetuation to become the primemotivator.

With that in mind, the reorganisa-tion of local Branches into the OneSociety model has been a marvellousopportunity for us to do a little self-examination, and clarify the Welling-ton Branch’s purpose. The newgovernance structure has separated theregulatory and representative roles,with NZLS taking on the regulatoryfunction, leaving the Branches free toconcentrate on representation. Alongwith that, membership of the Branchesis now voluntary rather than compul-sory. In future, a membership sub-scription is likely to be introduced.Obviously Wellington Branch needsto offer value for money!

Over my two terms as Branch Presi-dent, I’ve been keen for us to concen-trate on a number of different areas,including pastoral support for practi-tioners and providing social events forour members. I believe that creatingand maintaining networks within theprofession is one of our most impor-tant roles as a Council, and amongother initiatives, have encouragedCouncil to meet with some of our keystakeholders.

We’ve had many fabulous seminarsand events; trialled an inner city Fri-

day walking group; held public law in-terest group lunches, held joint events,including lunches with property lawpractitioners and family law practition-ers, and seminars with CLANZ includ-ing work life balance; held a cocktailevening for younger members of ourprofession to meet the Judiciary – toname but a few. We are strengtheningour networks with other professionalbodies; the Women-in-Law Committee,for example, has been co-hosting eventswith women engineers (the Institutionof Professional Engineers New Zea-land). I had hoped debating would getoff the ground, and hopefully it will infuture.

Elections for a new Council and newPresident will be taking place soon, andI would like to encourage you all to getinvolved and take an interest in our So-ciety – it is what we, the members,make of it.

My time as Branch President will becoming to an end soon, and this is myfinal column in that capacity. I was ini-tially intending to name everyone whohas helped in some way over the lasttwo years, but our editor was concernedthat the dozens of extra pages thatwould be required for that were gettinga bit out of hand! So a more general, butno less heartfelt, “thank-you” must suf-fice. I feel I’ve been very privileged torepresent our members as Branch Presi-dent, and I am looking forward to con-tinuing to represent you as WellingtonVice President of our national body, theNew Zealand Law Society.

ObituaryWe note with sadness the passing

away of William (Bill) Johnson.

WELLINGTON lawyer AmeliaKeene has won the 2012 NewZealand Law Foundation EthelBenjamin Scholarship for out-standing young womenlawyers.

The annual award, which isworth $50,000 for post-gradu-

ate study, honours New Zealand’s first womanbarrister and solicitor, who was admitted to thebar in 1897.

Ms Keene, who is a solicitor with Chapman

Tripp, will use the award to undertake an LLMcourse at Columbia University in New York.Her research paper will compare regulatorymodels of fresh water management in NewZealand and the United States, focusing on en-vironmental federalism.

Before joining Chapman Tripp, Ms Keenewas clerk for the President of the Court ofAppeal, Justice O’Regan, after being admittedto the bar in 2010. Before that, she gained a firstclass honours degree in law from Victoria,along with a BA in history and philosophy.

Wellington Branch Council members ‘Best of the Branch’ pictured at the YoungLawyers ‘Quiz Night’ recently. Wisdom comes with age they say but Council members

found the competition very keen. More photos from the event on page 8

NOMINATIONS may now be made for the positions of President, two Vice

Presidents and up to 10 Council members. Under Branch Rule 6.2, nominations

must be received at least 21 clear days before the Annual Meeting. However, it

would be appreciated if nominations can be made by Friday 1 June if possible.

Nerissa Barber who has served as President for two terms is stepping down

and nominations will be called for President.

Members of the Branch Council are representatives of the Wellington mem-

bers of the New Zealand Law Society. The Council works in a governance role

and acts as an essential communication link between the profession and the New

Zealand Law Society. Membership of the Council gives members the opportu-

nity to have a say on issues concerning the Society and the profession.

For more information please contact Catherine Harris, Branch Manager,

[email protected]

Get your nominations in for theWellington Branch Council

– chance to have your say

2012 Shirley Smith AddressThis year’s Shirley Smith Address will be presented by

Professor Hilary Charlesworth AMon the evening of Tuesday 21 August 2012

Professor Charlesworth is a world leader in international and

human rights law. Among her many roles she is the Director

of the Centre for International Governance and Justice at the

Australian National University. In 2011 she was judge

‘ad hoc’ to the International Court of Justice in the Whaling in

the Antarctic case (Australia v Japan). She is also considered

the pioneer in feminist international law scholarship.

❑ Advance notice – please mark your diaries

A nomination pack containing de-tailed explanations of the nature ofthe three Council roles – President,Vice President and Council mem-ber, and the expectations, respon-sibilities, duties and required timecommitment attached to each one,is available on request from theBranch office. The pack also in-cludes a copy of the Branch Rulesand nomination forms.

For more information pleasecontact Catherine Harris, BranchManager,[email protected]

Amelia Keene

• Bill Johnson 3

• Annual Dinner 4-5

• Quiz Night 8

In this issue:

Nominationsfor Council

Wellington lawyer wins scholarship

– COUNCIL BRIEF, JUNE 2012

You can use this diagram for either the Quick or Cryptic Clues, but the answersin each case are different. This month’s solutions are on page 6.

Cryptic CluesDOWN1. Showed that one’s judgement as a producer

had become clouded? (8)2. Possibly be a fool being brought up as a

princess (5)4. It’s a crime when he has a number after one

month (6)5. There’s a lot to be said for having it (4,2,3,3)6. One takes something for it (7)7. Lines, we hear, of eggs (4)8. It will be a blow to take this test - and fail!

(12)12. Joint description of Eve’s origin (5,3)14. Useless, until changed inside that is (7)16. He has an enormous bill to face (6)18. Animal in hardship popularly abbreviated (5)19. Elegant style in which ice-cream is served (4)

ACROSS1. Spheres or balls lose everything (4)3. He does his running on the quiet (8)9. Organise a gay reel with zest (7)10. Copy wrongly (5)11. How detectives may collaborate to

catch counterfeiters? (7,5)13. Trifling affront (6)15. Put off one’s retirement (4,2)17. Work in harmony, as rowers should

(4,8)20. Greets in stony fashion? (5)21. Appreciative watcher gives tongue!

(7)22. Encouraging applause (8)23. To a doctor it’s grave (4)

COUNCIL BRIEF CROSSWORD

Quick CluesDOWN1. Defames (8)2. Elevates (5)4. Dress (6)5. Inauspicious (12)6. Chanted (7)7. Bawl (4)8. Recompense (12)12. Way in (8)14. Small crown (7)16. Abrade (6)18. Moslem bible (5)19. Abominable snowman

(4)

ACROSS1. Vend (4)3. Ripeness (8)9. Insult (7)10. Lethal (5)11. Censorious (12)13. Modern (6)15. Abrupt (6)17. Type of biscuit (5-7)20. Boredom (5)21. Flap on aircraft wing

(7)22. Meant (8)23. At one time (4)

Case summaries based on those written for LINX database. Copies of thejudgments are available from the NZLS High Court Library:

[email protected] 64 4 473-6202 o 0800 FORLAW– 0800 36 75 29

MADESIGNm

© Mark Gobbi 2011

Answers: See page 6

1 Which of the following is theodd one out:twifs, grite, biron, aglee,chinf.

2 This position arose in acontest between Stahlberg(white) and Becker (black) inBuenos Aires in 1944. It iswhite’s turn to move. Whatshould white do?

Will Notices page 8in this issue

Conferences

Wellington Branch Diary June-JulyFriday 8 JuneSuccession Planning for Farming Families. NZLS CLE Webinar 11.00-midday

Monday 11 JuneSearch and Surveillance Act 2011 – new powers, NZLS CLE Seminar.Spectrum Theatre 1-5pm

Wednesday 13 JuneLending and Securities – Changes to Consumer and Commercial Credit Laws,NZLS CLE Seminar. Spectrum Theatre 1-5pmBuilding Profitability: Leverage, Leadership and Management,NZLS CLE Workshop. NZICAHutt Valley Bar Dinner

Friday 15 JuneAdmissions Ceremony

Monday 18-Tuesday 19 JuneNZLS Property Law Conference, Pullman Hotel, Auckland

Thurday 21 JuneCorporate Governance – best practice in a modern environment, Te PapaNZLS CLE Intesnive 8.30am-5pm

Thurday 21-Friday 22 JuneExpert Witness Programme, NZLS CLE Advocacy ProgrammeTerrace Conference Centre

Friday 22 JunePorirua Bar Dinner

Wednesday 27 JuneWellington Branch NZLS Annual Meeting

Monday 16-Tuesday 17 JulyResidential Property Transactions, NZLS CLE Workshop, NZICA

Thursday 26 JulyLitigation Against Directors and Companies, NZLS CLE SeminarSpectrum Theatre, 1-5pm

June 18-19 2012 – Property Law Conference,NZLS, Auckland. www.lawyerseducation.co.nz

June 29 2012 – Mapping the Common Law,Legal Research Foundation, Auckland.www.legalresearch.org.nz

June 29-July 1 2012 – World Bar Confer-ence, International Council of Advocates andBarristers (ICAB), Inner temple, London.www.worldbaronline.com

July 5-7 2012 – 20th Annual ANZSIL Con-ference ‘International Law in the Next TwoDecades’, Faculty of Law, Victoria Univer-sity. www.victoria.ac.nz/law

July 12-14 2012 – Australasian Associationof Bioethics and Health Law Conference,Auckland. www.cdesign.com/au/aabhl2012

August 23-25 2012 – Doing Justice forYoung People – Issues and Challenges forJudicial Administration, Australasian Insti-tute of Judicial Administration, Brisbane.www.aija.org.au

August 24-26 2012 – New Zealand Bar Asso-ciation Annual Conference, Melbourne.www.nzbar.org.nz

August 29-31 2012 – Law and Culture 2012:Pacific Law and New Zealand/Aotearoa,Law Faculty, University of [email protected]

September 6-9 2012 – World IndigenousLawyers’ Conference, hosted by Te Hunga RoiaMaori o Aotearoa, University of Waikato, Ham-ilton. www.maorilawsociety.co.nz

September 12-16 2012 – Criminal Law 2012:13th International Criminal Law Congress,Queenstown. www.crimlaw2012.com

September 23-27 2012 – 21st InternationalSymposium on the Forensic Sciences,ANZFSS, Hobart. www.anzfss2012.com.au

September 30-October 5 2012 – IBA An-nual Conference, Dublin. www.ibanet.org

October 3-5 2012 – Australia and New Zea-land Education Law Association, Rotorua.www.anzela.edu.au

October 26-27 2012 – Christian LawyersConference, Parliament Buildings, Welling-ton. http://christianlawyers.org.nz

November 9 2012 – Mental Health Law Con-ference, Buddle Findlay + ANZ Association ofPsychiatry and Law (ANZAPPL), Wellington.w w w . b u d d l e f i n d l a y . c o m / M e n t a l _Health_Law_Conference_2012

November 18-21 2012 – 25th LawasiaConference, Bali, Indonesia.http://lawasia.asn.au/lawasia-conferences.htm

November 25-27 2012 – 3rd Asia PacificRegional Forum Conference, IBA AsiaPacific Regional Forum, Kuala Lumpur.www.ibanet.org

April 14-18 2013 – Commonwealth LawConference, Cape Town, South Africa.Commonwealth Lawyers Association.www.componwealthlaw2013.org

Police v K — CA 320-2011 — Stevens, RonaldYoung & Andrews JJ — 21 October, 2011 — [2011]NZCA 533 CARE OF CHILDRENSuccessful appeal by Police against HC decision toquash two convictions for breach of s78 Care of Chil-dren Act 2004 - whether an intent to prevent aparenting order from being complied with must bemotivated by an intent to prevent compliance with theparenting order, or whether an oblique intention issufficient - applicant submitted the HCJ was wrong todivide the mental element of the charge under s 78into two distinct components, intention and motive -observation by the Court that parenting orders reflectunderlying policy of the Act that a child’s welfare andbest interests are paramount - noted that s78 wasinelegantly drafted - HELD: HCJ erred in law in rela-tion to the correct interpretation of the intent to pre-vent a parenting order from being complied withunder s78 Care of Children Act 2004 - traditionalinterpretation of “intent” applied - s78 does not re-quire the prosecution to prove the motive of a defend-ant charged with contravening a parenting order -prosecution required to prove knowledge of the termsand conditions of the relevant parenting order and anintentional, deliberate act or omission contravening orpreventing compliance with the parenting order - oncesuch elements of the offence were established, it

THE Anglican Church, like thelaw, has language which can bedifficult to interpret. In the in-terests of “keeping it simple”the Anglican Centre is writingto Wellington lawyers to assistthem with the language re-quired when a client wishes toleave a bequest to the church intheir will.

The letter contains lan-guage and suggested phrasingwhich reduces the complexityof church terminology – someof which dates back to muchearlier times. This simplifi-cation clearly indentifies thelegal entity to name as a ben-eficiary, and will ultimately

assist your client and saveyou time. The letter is ac-companied by brochureswhich can be given to clients.

These brochures talkbriefly about the diversity ofthe work of the WellingtonAnglican Church, the needfor sustainable funding, andthe importance of having awill in order to make a be-quest.

The letter and brochureswill be sent to lawyers inJune. Anyone who does notreceive this information andwould like it please telephoneAnne Hannah on 04 4718590.

Bequests to the AnglicanChurch – keeping it simple

by Anne Hannah

would still be open for defendant to demonstrate thatsuch conduct occurred with reasonable excuse -charges should not have been quashed - factual find-ings in DC that there was no evidence of a reasonableexcuse and ample evidence of an intent to prevent theparenting order being complied with provided suffi-cient basis for a conclusion that the charge was provedbeyond reasonable doubt - appeal allowed - appeal hadbeen brought as a test case - appropriate outcome wasthat appellant was now convicted and discharged.(See also: Case Note: Police v K: Contraveningparenting orders — the meaning of “intent” by Profes-sor Mark Henaghan 7(5) New Zealand Family LawJournal 140)

The next Council Briefis the August issue.

Deadline:

Monday July 23

[email protected] Brief Advertising

THE Wellington Branch NZLS holds the CVs of lawyers and peo-ple preparing for admission who are looking for employment. Ifyou are looking for a researcher or a new employee (part time or fulltime) contact the Branch to see whether we can match up a candi-date with the skills you are looking for.

New lawyers’ CVs held Wellington Branch

COUNCIL BRIEF, JUNE 2012 –

Criminal, Traffi c Accident InvestigationsFile/Case Analysis

TELEPHONE 021 663 236WELLINGTON: PO BOX 30080, LOWER HUTT, NEW ZEALAND

CENTRAL NORTH ISLAND: PO BOX 7168, WANGANUI, NEW ZEALAND E-MAIL: [email protected] WEBSITE: [email protected]

NEWS

Prominent South African jurist presents Ethel Benjamin AddressBy Ruth Nichols

Ethel Benjamin

I RECENTLY had the privilegeof attending the 2012 EthelBenjamin Address in Dunedin.This event is organised by theOtago Women Lawyers’ Society– a group of dedicated, vibrantand enthusiastic colleagueschampioning women in the law.It was a pleasure to meet up withthem and to give them the bestwishes of their colleagues here inthe Wellington Branch.

The Ethel Benjamin Addressis an annual fixture on the NewZealand legal calendar, celebrat-ing the achievements of a truepioneer in the law. Ms Benjaminwas born in 1875 and began herlaw degree when only men wereallowed to practise law. Shegraduated with a LLB from theUniversity of Otago and was ad-mitted to the Bar in 1897. Shewas the first woman admitted tothe Bar in the southern hemi-sphere. As this year’s presentersaid, Ms Benjamin’s story illus-trates those well-known wom-anly attributes – courage,persistence and an inability to ac-cept “no” as an answer!

This year’s Ad-dress was pre-sented by JusticeKate O’Reganfrom South Africa.Justice O’Regan’searly legal practicewas in the areas oflabour law andland rights law.She moved on toan academic ca-reer, including ad-vising the AfricanNational Congresson land claims legislation and theNational Manpower Commissionon gender equality law. In 1994,she was appointed to the newlyformed Constitutional Court,serving as a judge of the Courtuntil 2009. She now continuesher interest in academic teaching.

Justice O’Regan commencedher address by sharing the strug-gle for recognition that South Af-rican women lawyers havefought. And what a struggle itwas! It was not until 1923 thatthe South African legislatureintervened to alter the law and

permit women tobe admitted asattorneys. Atthat time EthelBenjamin wouldhave been inpractice for 25years!

J u s t i c eO’Regan thenspoke of the ob-stacles faced byblack lawyers inthe apartheidera. One exam-

ple that I found particularly en-lightening was that of a formerChief Justice who, when briefedto appear before the AppellateDivision in Bloemfontein, wasnot permitted to spend the nightin the Orange Free State but hadto travel each evening to Kimber-ley, several hours drive away,where he was permitted to spendthe night. Very humbling!

The primary focus of the Ad-dress, however, was on the trans-formation occurring in the SouthAfrican judiciary. This transfor-mation is on three levels: in the

demographic composition of thejudiciary, the appointments pro-cedure, and in the qualit iessought for members of the judici-ary. Of particular interest to mewas the last, not only because Isaw this as relevant for practi-tioners as well as the judiciary,but also because of the sociologi-cal change that has evolved sincethe apartheid era both in SouthAfrica and internationally.

Justice O’Regan emphasisedthe need for self-awareness of ourown prejudices: to make themconscious so that we can correctfor them. This includes under-standing where we come from; thesocial and political environmentsin which we live and work; ourculture, education, experience,ethnicity – how all that affects ourthinking and perspectives.

I encourage you to read the2012 Ethel Benjamin Address. Itwill soon be available on theOtago Women Lawyers’ websiteat www.owls.org.nz

2012 Shirley Smith Address –advance notice

We here in the WellingtonBranch also celebrate the life of apioneer woman in the law –Shirley Smith, by way of an An-nual Address in her honour. Thisyear’s Address will be given onthe evening of Tuesday 21 Au-gust by Professor HilaryCharlesworth AM. Please putthis date in your diaries.

Professor Charlesworth is aworld leader in international andhuman rights law. Among hermany roles she is the Director ofthe Centre for International Gov-ernance and Justice at the Aus-tralian National University. In2011 she was judge ‘ad hoc’ tothe International Court of Justicein the Whaling in the Antarcticcase (Australia v Japan). She isalso considered the pioneer offeminist international law schol-arship. We are all eagerly antici-pating her Address here inAugust.

WELLINGTON Branch President,Nerissa Barber, has been electedWellington Vice-President of theNew Zealand Law Society.

Ms Barber was one of four Vice-Presidents elected at the Law Soci-ety’s Council meeting inWellington on 13 April 2012. Theyreplaced the four retiring Vice-Presidents, whose terms had ex-pired.

Ms Barber was elected Welling-ton branch President in 2010 after ayear as Vice-President. Before thatshe had spent two years on theWellington District Law SocietyCouncil.

Nerissa Barberelected Law Society

Vice-President

❑ Young Lawyers

THERE is much to be saidfor work/life balance. It isno doubt a term we’ve allheard regularly, whetherbandied about by employ-ers claiming to respect theimportance of leisure timeor held up as an ideal bythose who purport to have foundthe key to happy equilibrium.

The term ‘work/life balance’ isdefined by Wikipedia (that end-lessly reliable source) as “a broadconcept including properprioritising between “work” (ca-reer and ambition) on the one handand “life” (health, pleasure, leisure,family and spiritual development)on the other”. The notion itself is

relatively simple, yet the re-ality is sometimes fiend-ishly difficult to achieve.

While young lawyers of-ten do not have the samecommitments as their oldercolleagues in terms offamily or high-powered

careers, they do face additionalchallenges of adapting to the de-mands of full-time work and theexpectations and responsibilitiesassociated with a professional role.

Many of the social events organ-ised by the Wellington Young Law-yers’ Committee bridge the gapbetween ‘work’ and ‘life’ by simul-taneously providing opportunitiesfor attendees to socialise with theirpeers and also to broaden their net-work of professional acquaint-ances. However, the value of YLCevents is not limited to the fact thatthey include a wine and cheeseevening that could legitimately becalled ‘marketing’ – the Committeealso organises events with a practi-cal focus, designed to equip itsmembers with constructive adviceand skills relevant to their workinglives.

By way of convenient example,on Tuesday 22 May, the YLC (withthe support of DLA Phillips Fox)was to hold a ‘Toolbox Seminar’,the aim of which was to giveattendees some useful tools and ad-vice on the early stages of their legalcareers and professional lives. (NB,this was written before the eventtook place.) With guest speakers

from MAS, Crown Law and SimplyLegal, the session was planned toprovide valuable insight and infor-mation relating not only to work/lifebalance, but also financial mattersand investments, and the overseaslegal market for those interested inworking further afield in future.

Regardless of whether or notyou’re satisfied with the balancebetween your working life and yourlife outside of work, I would en-courage those of you in the earlierstages of your legal practice in par-ticular to make use of the resourcesaround you – whether through tak-ing part in events organised by theYLC or the Wellington Branch ofthe NZLS, attending independentseminars, or simply talking to col-leagues. While personal opinion ofthe optimal balance between workand lifestyle will differ from personto person, it’s worthwhile to beopen to handy tips from others andto learn from their experiences,both good and bad. And if thosetips can be acquired over a wineand some cheese, all the better.

Pearl Roy

Council

Brief

Advertising

[email protected]

By Pearl Roy, YLC deputy convenor

Young Lawyers Committee offers balanced fareBy Kevin Riordan

William Matthew (Bill) Johnson

OBITUARY

MEMBERS of the legalprofession in Wellingtonwere saddened andshocked at the recent sud-den death of Bill Johnson.Bill died in his familyhome on 17 April 2012after a battle with cancer.

Bill was a graduate ofVictoria University ofWellington Law School and beganhis practice in Upper Hutt in 1978.He was a very well known figure inthe Hutt Valley, Porirua and Wel-lington courts, specialising incriminal law. For a number of yearshe assisted in the Victoria Univer-sity mooting programme.

After his wife and family, thecriminal law was the great love ofBill’s life. But those who knew himalso knew the stress that it placedupon him and the toll that it took ofhis personal life and health. He de-scribed the practice of criminal lawas being a “very demanding mis-tress”. The fact that Bill dedicatedhimself to putting forward the verybest case that he could for hisclients earned him the respect of

some of society’s less for-tunate members, many ofwhom have come forwardwith sincere expression ofsorrow at his passing.

He was still busily ar-ranging cover for one ofhis clients the morningthat he died.

Bill had a no-nonsenseapproach to legal practice which al-lowed little time for sentimentality.Nor did he ever hold back on hisopinions on people and events, afrankness which was sometimes dis-concerting to those not prepared forit. Yet, in his personal life he was avery kind and generous man who ap-proached life on the basis that any-one who had come to him for help,must need it, and it was therefore hisduty to oblige.

Bill’s contribution to the Wel-lington law scene will be greatlymissed. He is survived by his wifeDeborah and his sons Andrew andTimothy.

A memorial sitting of the LowerHutt District Court is to be held at1.45pm on 25 May in Bill’s honour.

Bill Johnson


WELLINGTON BRANCH ANNUAL DINNER

Typing pleadings • Opinions • CorrespondenceTranscribing hearings, arbitrations, interviews

Concept Secretarial has the facilities to receive and transcribe

digital voice files via email

CONCEPTSecretarial Services Limited

LEGAL WORD PROCESSING • SECRETARIAL SERVICES

LEVEL 14, 89 THE TERRACE, WELLINGTON Telephone (04) 473-0277 Fax (04) 471-0672

Email: [email protected]

Council Brief [email protected]

World Bar ConferenceTHE International Council of Advocates and Barristers (ICAB) is organ-ising its international legal conference in London at the end of June.

The conference brings all members of ICAB and guest jurisdictionstogether for three full days of exclusive visits, debate and discussion.

The theme for this year’s conference is ‘Advocacy, past, present andfuture – constant values for a modern Bar’. Throughout the three days,sessions and discussions will focus on the provision of quality advocacyand provide an opportunity for serious debate about international issuesdirectly concerning the legal professions around the globe.

Speakers include many leading figures including The Hon RobertShenton French AC, Chief Justice of the High Court of Australia, The RtHon The Lord Judge, Lord Chief Justice of England and Wales, JonathanSumption OBE QC, appointed Justice of the Supreme Court.

The conference takes place on 29 June-1 July 2012.To download a brochure go to – www.worldbaronline.com

Phil Shannon, Richard Perry, Gavin Adlam and The Hon Justice MacKenzie. Tim Clarke, The Hon Justice Kós, Samantha Warnerand Professor Tony Smith.

Jenny Lowe, Ben Sullivan and Maria Sun.

Mary Ollivier, Aaron Martin and Ann Rice. Robert Stewart, Hon Judge Barber and Patrick Teagle.

Vanessa Huppert, The Hon Justice Wild and Kate Giddens.

Gavin Adlam, Peter Dengate Thrush and The Hon Justice Gendall. John Porter, Don Breaden and Richard Perry.

Kerrin Eckersley, Katty Lau, Ellie Wilson, Maria Bagnall, Charlotte Hollingsworth, Mylinh Dao, Angela Brown, Sarah Agnew.

Hadleigh Pedler, Natalie Pierce, Claire Brighton,David Turner and Chantelle Stirling.

Catriona Doyle and Annette Gray.

‘The legal fraternity will be well served by young women of your calibre…’


WELLINGTON BRANCH ANNUAL DINNER

THE high quality of many youngWellington lawyers was evident ata recent presentation at the Society.

The presentation related to theforthcoming International CriminalLaw Congress to be held inQueenstown 12-16 September2012.

The organising committee forthe congress had worked with theLaw Foundation to secure a grantthat would contribute towards thecosts of allowing six law studentsand young practitioners to attendthe congress. The committee in-vited Law Society Branches andNew Zealand universities to nomi-nate people to be included in a con-testable pool for selection of thefinal six.

The applicants had to fulfil vari-ous criteria:• be a recent graduate• been admitted to the bar within

the last five years

• have a particular interest orfocus in criminal law.The Wellington Branch Young

Lawyers Committee nominatedthree likely candidates after a con-testable process and it was thesethree who offered their presenta-tions to Branch members and apanel of three judges on 23 April.

The three candidates – MariaBagnall from John Miller Law,Natalie Pierce, legal advisor to theChair, Independent Police ConductAuthority, and Claire Brighton,Clerk to Hon Justice Tipping in theSupreme Court – each made a fiveminute address explaining whythey felt they should be selected forthe grant. They were also subject toquestions from the floor.

Guidelines for the candidatessuggested they explain who theywere, their work area and interests,where they wanted to go in the fu-ture, and why they thought they de-served to receive one of the grants.

The Wellington Branch also askedhow the candidates would use thegrant for the benefit of others – fortheir firm and for the general com-munity.

Members of the audience werehugely impressed with the veryhigh quality of all three presenta-tions and with the poise of the can-didates. The judges – NZLS CEOChristine Grice, Continuing LegalEducation senior executive TessaSutherland and barrister ChrisChapman – said they found greatdifficulty in differentiating amongthree excellent candidates but giventhe task they had to choose and theychose Natalie Pierce.

They said the quality of all threeapplicants gave them great hope forthe future of the legal profession,“We are pleased and proud that youhave decided to join our profes-sion… The legal fraternity will bewell served by young women ofyour calibre.”

Claire Brighton, Natalie Pierce and Maria Bagnall.

Rohan Cochrane, Sarah Agnew, Angela Brown and Jonathan Temm. The Hon Justice MacKenzie and Robbie Cullen. Richard Fletcher, Sandra North and Diana Bell.

Sandra Agnew, Angela Brown and Mary Ollivier.

Continuing Legal Education senior executive Tessa Sutherland, Wellington Branch President, Nerissa Barber,barrister Chris Chapman, candidate Claire Brighton, Young Lawyers convenor David Turner, candidate NataliePierce, Wellington Branch Council member David Dunbar, candidate Maria Bagnall, NZLS CEO Christine Grice

and Wellington Branch Vice President Mark Wilton.

Christina Leech and Phil Shannon.

Nerissa Barber, Catherine Harris, Mark Wilton, Gaeline Phipps and Daryl Strachan.

Amanda Courtney, Melanie Baker, Sue Shone and Cathy Rodgers.

Professor Tony Smith


NZ Law Society Library, WellingtonPhone: 04 473 6202

Fax: 04 471 2568

email: [email protected]

NZ Law Society – Wellington BranchStaff Directory

Branch Manager: Catherine Harris

Administrator: Claudia Downey

Librarian: Robin Anderson

Research Librarian: Barbara Keenan

Technical Services Librarian: Liz Oliver

Library Assistant/LINX: Julie Kirkland

PO Box 494, WellingtonPhone: 04 472 8978

Fax 04 471 0375

Email: [email protected]

Website: www.lawsociety.org.nz

THE 20th annual conference of theAustralian and New Zealand Societyof International Law (‘ANZSIL’) willtake place from Thursday, 5 July 2012to Saturday, 7 July 2012 hosted by theNew Zealand Centre for Public Law,Faculty of Law, Victoria University ofWellington.

This conference provides an oppor-tunity to reflect on the last 20 years inthe development of international law,and to look ahead to emerging issues.

Speakers are: Professor JanKlabbers, Professor of International Or-ganisations Law and Director of theCentre of Excellence in Global Govern-ance Research, University of Helsinki;Ms Valerie Hughes, Director, Legal Af-fairs Division, World Trade Organiza-tion; Richard Fentiman, Professor ofPrivate International Law, University ofCambridge; Ivan Shearer, Emeritus Pro-fessor of Law, University of Sydney.

See www.victoria.ac.nz/law

International law conference

By Professor Tony Smith,Dean of Victoria University’s Law School

Implications of proposed changes to student funding

MADESIGNm

Answers for puzzles from page 2

1 grite The words, whenunscrambled, are swift, tiger,robin, eagle, finch. All but tigerare birds.

2 1 Qe1 + RxQe1 2 g3#

VUW LAW FACULTY

IT is difficultto predict whatthe impact willbe of somea d u m b r a t e dchanges to stu-dent funding,trailed pre-budget by theMinister for

Tertiary Education.In particular, the decision to

limit student financial support toa period of (in effect) four yearsof study may possibly deter somepeople from pursuing a coursethat may well prove education-ally beneficial (or in the case ofthe less well off, from pursuing acourse at all). Law degrees take aminimum of four years; but agreat many Law students (some80 percent or so) now take doubledegrees, which usually requireonly five years of study whentaken together. This seems to mea desirable state of affairs. Thelawyer who has a sound under-standing of economics and/orfinance should be better equippedfor a career as a commercial

lawyer, and a science or engi-neering graduate is likely to un-derstand rather better (say)forensics, patent and constructionlaws than one possessed of a sin-gle degree. Having a deeper un-derstanding of history, politicalscience or philosophy than can beobtained by studying those sub-jects at 101 level seems to me tobenefit not only the individualstudent, but the society in whichthey function. (It would take memuch longer than is available inthe space of this column to sub-stantiate this claim, but I am will-ing to defend it on anotheroccasion, if challenged).

As it is, who knows whetherstudents, early in their universitycareers, might be inhibited by theprospects of relative impecuni-ousness later in their studies ifthey opt for the slightly longercourse? The Masters degree isnecessarily outside the four yearperiod, so there will be no sup-port forthcoming there. It can beargued that students approachinga fifth year of study are not farfrom gainful employment, and it

is not unreasonable to expectthem to take out a student loan atthat stage. It is a reasonable argu-ment, though one that dependsfor its validity upon a rather morebuoyant employment market thanwe experience at present. Eitherway, university planning in theface of such uncertainties be-comes increasingly difficult, es-pecially as the government seemsdetermined to re-direct the avail-able funding rapidly in the direc-tion of sciences, engineeringmathematics and technology.

Comment on the JudiciaryThere has been some discus-

sion in the Weekend Heraldnewspaper in recent weekends ofthe functioning of the New Zea-land judiciary, and in particularof the Supreme Court. A criticalarticle was balanced in the fol-lowing week by a more sober ac-count penned by Jim Farmer Q.C.We lawyers ought to welcome thepublicity that is generated bysuch exposure in the sense that itis important that the public beeducated about the legal process.I am not sure that we necessarily

do, at least in part because in-formed and accurate legal jour-nalism is often manifestlylacking in the daily reporting oflegal issues. This may be putdown to a basic lack of knowl-edge, but it is sometimes theproduct of the fact that those whoparticipate have axes to grind, orat any rate an interest in gettingacross a particular message. In arecent article discussing the roleof lawyers in handling media in-terest in New Zealand Lawyer –In-House, Media Training NewZealand’s Pete Burdon is quotedas saying that “in-house counselwill be able to better understand(sic) how the media works, whatthe media needs … if they dosome media training”. Well, asMandy Rice-Davis once put it,“he would say that, wouldn’the?”

High jinks in Chipping NortonI have reflected in a previous

column upon the political powerof the press, especially in theUnited Kingdom. Just how entan-gled have become the lives of themedia mighty and the politicallypowerful emerged daily in thecourse of the hearings before theCulture, Media and Sport selectcommittee of the House of Com-mons, (which concluded thatRupert Murdoch was not a fit andproper person etc), and continuesto do so at the inquiry being con-ducted by Lord Justice Leveson.Viewed from the perspective ofone who takes the view that thefourth estate has a constitutionalfunction to perform in holdinggovernments and the courts to

Christian Lawyers ConferenceThe 2012 Christian Lawyers Conference will be held atParliament Buildings, Wellington, on the afternoon of Friday 26and all day Saturday 27 October 2012.

The theme of the conference will be ‘Recovering the CommonGood’

Speakers from New Zealand and Australia will take partincluding Tim Costello, Baptist minister and CEO ofWorld Vision Australia, Rob Harley and Rod Oram.

The conference is to be co-hosted by The ChristianLawyers Association (Wellington) and the Otago Schoolof Theology and Public Issues.

Look out for news on internet booking over the next month or so.

account (as I do), some of therevelations have bordered on thealarming. The former editor ofthe now defunct News of theWorld (Rebekah Brooks) and thePrime Minister (David Cameron)and his media advisor (anotherformer editor of the News of theWorld) were clearly putting theperceived objectivity of all par-ties at risk.

As I write, it is reported thatRebekah Brooks has beencharged with conspiracy to per-vert the course of justice. Ac-cording to some press reports,she wants to argue in her owndefence that the adverse public-ity has been such that she cannotnow get a fair trial. Coming fromone whose former institutionconsistently undermined the le-gal protection for suspects in thepredicament in which she nowfinds herself (the law of con-tempt) that is pretty rich. LOL, asher former chum, the Prime Min-ister might once have texted her.

Robin Cooke Lecture 2012New Zealanders have the indi-

rect interest in these matters in-asmuch as that Mr Murdochcontrols a good deal of our presstoo. The role that the courts playin regulating the press is to be thesubject of this year’s RobinCooke Lecture, to be deliveredby Dame Mary Arden LJ, Headof International Judicial Rela-tions for England and Wales, onDecember 13 this year, at5.30pm in the Old GovernmentBuildings. A date for your diary,and I hope to see a good many ofyou there.

Crossword SolutionsFrom page 2

Across: 1 Orbs; 3 Smuggler; 9 Eagerly; 10 Forge; 11Compare notes; 13 Slight; 15 Stay up; 17 Pull together;20 Hails; 21 Clapper; 22 Cheering; 23 Tomb.

Down: 1 Overcast; 2 Begum; 4 Mayhem; 5 Gift ofthe gab; 6 Larceny; 7 Roes; 8 Breathalyser; 12 Sparerib; 14 Inutile; 16 Toucan; 18 Hippo; 19 Chic.

Cryptic Solutions

Quick SolutionsAcross: 1 Sell; 3 Maturity; 9 Affront; 10 Fatal; 11Disapproving; 13 Recent; 15 Sudden; 17 Cream-cracker; 20 Ennui; 21 Aileron; 22 Intended; 23 Once.

Down: 1 Slanders; 2 Lifts; 4 Attire; 5 Unfavourable;6 Intoned; 7 Yell; 8 Compensation; 12 Entrance; 14Coronet; 16 Scrape; 18 Koran; 19 Yeti.

THOMSON Reuters Australia haslaunched a new service for lawyerscalled NewsRoom with Reuters.

The service blends expert legalcontent with coverage from the in-ternational Reuters news service.

NewsRoom streamlines newsresearch by providing professionalswith a single search point for globalnews, aggregating content fromthousands of publications aroundthe world, including major nationaland international newspapers,

newswires, business and industrypublications, industry newslettersand blogs.

The service will be deliveredthrough the Thomson Reutersonline legal research service,Westlaw AU. The service is in-tended to give legal practitioners aquick and easy way to keep on topof news developments, track com-petition, identify trends, fact findfor litigation, identify and pursuepotential new business opportuni-

ties, as well as build a knowledgebase for advising clients.

NewsRoom also incorporatesbusiness and political news fromaround the world, derived fromReuters services.

NewsRoom is available throughthe Thomson Reuters online libraryand database research tool,Westlaw AU, which contains expertanalysis and opinion, daily contentupdates and customer support andtraining.

NewsRoom – new service for lawyers

Tim Costello


COUNCIL BRIEFThe monthly newspaper of theWellington Branch NZ Law Society

Advertising Rates: casual or contract rates on application. Telephone Robin

Reynolds, Reynolds Advertising, Kapiti Coast (04) 902 5544, e-mail:

[email protected]. Rates quoted exclude GST.

Advertising Deadline: for the August 2012 issue is Monday July 23, 2012.

Circulation: 3150 copies every month except January. Goes to all barristers and

solicitors in the Wellington, Marlborough, Wairarapa, and Manawatu areas. Also

goes to many New Zealand law firms, to law societies, universities, judicial officers,

and others involved in the administration of justice.

Will Notices: $57.50 GST inclusive for each insertion.

Subscriptions: Annual subscription $46.00 incl. GST. Extra copies $5.00 each.

Subscription orders and inquiries to: The Branch Manager, New Zealand Law Society

Wellington Branch, P.O. Box 494, Wellington.

Editor: Chris Ryan, telephone 472 8978, (06) 378 7431 or 027 255 4027

E-mail: [email protected]

Opinions expressed do not necessarily reflect those of the NZ Law Society Wellington Branch or the Editor.

Council Brief is published for the NZ Law Society Wellington Branch

by Chris Ryan, and printed by APN Print, Wanganui.

THE WIZARD OF ID

COMMUNITY LAW CENTRE

FROM 1 July this year, the Wel-lington Community Law Centrewill be merging with the HuttValley Community Law Centre.Services will continue to be of-fered from the existing Hutt Val-ley office space at 59 QueensDrive, Lower Hutt. We will how-ever all be working under a sin-gle management structure: thealready established WellingtonCommunity Law Centre Incor-porated.

We know that news of thismerger may cause residents inboth the Hutt and Wellingtonsome concern. The merger, how-ever, does provide our two com-munity law centres the chance totake stock of our services and torefocus our efforts on providingservices that truly meet unmetlegal needs in our communities.

What our boards sayThe chairpersons of both com-

munity law centres have releasedstatements about the change.

Hutt Valley Community LawCentre chairperson, GerryBealing, has said that while ini-tially the merger may causesome concern he believes that itwill ultimately result in a widervariety of services being offeredto the Hutt Valley community.

Wellington Community LawCentre chairperson, CameronMadgwick, has said that hisBoard looks forward to workingclosely with the Hutt Valleycommunity to ensure that it con-tinues to receive appropriate andeffective free legal services inthe future.

New roles advertised

By Geoffrey Roberts, General Manager, Wellington Community Law Centre

Community legal servicesin the Hutt Valley

By the time this Council Briefarticle goes to print, several newroles will have been advertisedfor both the Wellington and theHutt Valley offices. These willinclude a managing lawyer forHutt; community lawyer posi-tions focusing on refugee and im-migration law; a communitydevelopment position; and an ad-ministrative/volunteer coordina-tion position.

If you are interested in findingout more about these roles, pleaseemail: [email protected].

He aha o koutou whakaaro? Wewant to know what you think

Ongoing community consulta-tion will be vital to ensure ourservices continue to be effectiveand relevant. We are very inter-ested to hear from practictionersand other community workerswith experience in the Hutt tofind out what is working and

what you think could be workingbetter.

Email: [email protected] your comments, questions orideas.

We need you in the Hutt!One significant change in the

Hutt Valley will be a greatly ex-panded volunteer lawyer and stu-dent programme. Our newcontract allows for some volun-teer coordination, which is ofcourse crucial in both developingand maintaining a successful andsatisfied roster of volunteers.

If you live or work in the Hutt,or you would be happy to travelto the Hutt as part of a volunteerroster, we very much want to hearfrom you.

We try and accomodate yourparticular skills and interests, andwe are flexible about rosters.Please email: [email protected].

THE new Community Law Centrewebsite was launched recently byLinda Clark, former journalist, nowlawyer at Chapman Tripp.

Chapman Tripp is one of thefirms that provides pro-bono timeand support for the community lawcentre.

Ms Clark said the CommunityLaw network, “ensures justice isavailable to all New Zealanders, ir-respective of their income or specialneeds. That is a vital element of ahealthy democratic society.”

THE Wellington CommunityLaw Centre team providing legalservices to Maori in the Welling-ton region have now establishedregular outreach clinics. Theseclinics are staffed by Maori law-yers, Te Reo Maori speakers andMaori advocates. If you think aclient would benefit from speak-ing with us, please don’t hesitateto refer them to one of these clin-ics or to contact us directly on(04) 894 4490

Willis StreetOur drop-in sessions continue atthe Wellington Community LawCentre on Willis Street: Commu-nity House, Level 2, 84 WillisStreetEvery Thursday, 5:30pm-7pm

Cannon’s CreekCannon’s Creek Fanau Centre16 Bedford Court, Cannon’sCreek, Porirua. First and thirdMonday of every month, 9am-midday.To make an appointment, email:[email protected] or phone:(04) 237 7749

New Kaupapa Maorioutreach clinics

OtakiTe Wananga-o-Raukawa, 144Tasman Road, Otaki.Room: Rangataua first Tuesdayof every month, 11am-2pmDrop in to the clinic, or make anappointment by contacting Tui:[email protected] or phone (04)894 4490

Kokiri Marae, SeaviewKokiri Marae, 7-9 Barnes StreetSeaview, Lower Hutt.Exact time and room to be con-firmed.Check out www.wclc.org.nz forthe latest news.

Takapuwahia, PoriruaPuna Ora, Takapukwahia Marae,Porirua.Consumer law education and ad-viceWednesday 30 May, 12pm–2.30pmFREE and all are welcome!Further dates to be confirmed.Check out www.wclc.org.nz forthe latest news.

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Community Law chief executiveElizabeth Tennet said communitylaw centres around New Zealandadvise nearly quarter of a millionNew Zealanders every year.

“In this financially lean period,when legal aid services are beingrestricted and people have lessmoney to spend on lawyers, Com-munity Law is more important thanever”, she said.

“By helping them, CommunityLaw benefits the individual, helpsresolve family disputes, stops po-tential stress and violence, and cansave the individual and family a lotof money. We also help to free upthe legal system from costly inter-ventions or court fees further downthe track. Early advice and assist-ance often means a legal problem issorted without going to Court andthat saves the Government hugemoney.”

Community law centrewebsite launched

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Elizabeth Tennet.

Community Education WorkerAlexandra Keeble

The new community law centre website was launched by Linda Clark.

Chairperson Cameron Madgwick.

YMCA student Hayleydemonstrated “change the law

kete”, a law reform resource aboutyoung people in police detention.

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GIBSON, David John MichaelLate of 59 Standen Street, Karori,Wellington. Aged 60 years at date ofdeathDied on or about 22 September 2011.legal planit (Adele Hollis)PO Box 8091, WellingtonTel 04 909 7508 Fax 04 970 [email protected]

HUMPHREY, George RangiLate of 2 Beetham Place, Masterton.Born 31 October 1935.Died 5 September 2008.Felicity Humphey, 220 MacLaurin Road,RD 1, Gisborne 4071.Mobile 027 875 1747

PICKETT, Carol JoycePreviously resident in Field Street,Silverstream, Lower Hutt.Died in Brisbane 13 May 2012.June McPherson202 Waiwhetu Road, Waterloo,Lower Hutt 5011Tel 04 586 8255

THOMSON, Barbara ChristinaLate of 4 Butler Street, Naenae.Died on 25 October 2012, aged 94.Date of birth 12 September 1917.Fiona ThomsonTel 021 255 [email protected]

■ The charge for publishing a will noticeis now $57.50 including GST. Pleasesend payment with your notice.

■ Will notices should be sent to the BranchManager, NZ Law Society WellingtonBranch, PO Box 494, Wellington.

PRACTICE NOTICES

Please contact the solicitorsconcerned if you are holding a will

for any of the following:

FOR URGENT ACTION

WILLENQUIRIES

ON Anzac Eve 2012, 150 young professionals huddled into Docksideready to battle over who would be crowned the “Young Lawyers’ Com-mittee Quiz Night Champions 2012”.

Teams were tested on their knowledge of French politics, geography,quality 90s music, Crafar farms and other, seemingly random, trivia. Withthe leaders’ board tied up entering the final round, it was Fo Quizzle myNizzle’s knowledge of a Victoria Secrets Model Gisele Bundchen thatultimately surged the team to victory.

A thank you to all the teams who so eagerly participated throughout theevening. A special thanks to the Palmy Army (Manawatu Young Law-yers), MAStermind (MAS), and Best of the Branch (the New Zealand LawSociety) teams for attending.

YLC would like to make a further thank you to the Quiz Night’ssponsor MinterEllisonRuddWatts and to all the businesses who supportedthe evening by providing an amazing array of prizes. And for all the youngkeen quiz beans, due to the overwhelming popularity the Quiz Night wewill be back for another round in late 2012!

SITUATIONS VACANT

Fleur Rowe

The Partners of Tripe Matthews Feist are pleased to announcethat Fleur Rowe has been appointed an Associate of the firmfrom 1 April 2012. Fleur’s areas of practice are property law,

commercial law, trusts, estate and asset planning.

Fleur’s contact details are:38-42 Waring Taylor Street, Wellington

PO Box 5003, Wellington, 6145DX SP 22509, Wellington

Tel (04) 472 5079 or DDI (04) 494 8366, Fax: (04) 473 3696Email: [email protected]

AssociateLAWYERS

LEGAL POSITION

W A D H A M G O O D M A N

A vacancy exists within our firm for a lawyer with at least twoyears’ post admission experience.

The work to be undertaken would be conveyancing andcommercial in nature but some trust and estate administration

would also be involved.

The position provides an opportunity for a practitioner to enjoy asuperior lifestyle and join a challenging practice in the

Manawatu, with distinct partnership prospects.

[email protected] applicants should send their CV as soon as possible to email:

Wadham GoodmanLawyers

Palmerston North

CouncilBrief

N.B. The nextCouncil Brief

will be theAugust edition

Deadline is Monday,

23 July 2012

WellingtonBranch e-briefe-brief is a weekly digest ofevents sent electronically toall members of the Welling-ton Branch, NZ Law Society.If you have not been receiv-ing e-brief please emailCatherine Harris, WellingtonBranch Manager –

[email protected]

Wellington BranchAnnual Meeting

Wednesday 27 June, 5.00pm, Level 8, Law SocietyBuilding, 26 Waring Taylor Street, Wellington

Followed by drinks and nibbles.

Young Lawyers quiznight great event

Young Lawyers’ Committee QuizNight Champions 2012 ‘Fo Quizzle

my Nizzle’.

[email protected] Brief Advertising

COUNCIL BRIEF Council Brief Advertising - NZ Law Society · COUNCIL BRIEF Council Brief Advertising...

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